Florida Real Property and Business Litigation Report
Volume XVI, Issue 22
June 3, 2023
Grove Harbour Marina and Caribbean Marketplace, LLC v. Grove Bay Investment Group, LLC, Case No. 3D21-0806 (Fla. 3d DCA 2023).
Agreements regarding redevelopment of real property and re-alignment of a public roadway which require contribution of real property but set forth the property to be contributed only through imprecise sketches are ambiguous and not capable of enforcement through summary judgment.
McCormick Properties of Miami, LLC v. SoMi Homes, LLC, Case No. 3D22-1006 (Fla. 3d DCA 2023).
Landscaping of a swale area that has been dedicated to the public is consistent with the dedication’s language which contemplates “future planting trees and shrubbery,” even if the trees and shrubbery may impact use by others, and is thus consistent with the rule that an owner’s intention to dedicate land to the public for a particular use must be consistent with the public’s acceptance of such a use.
American Automobile Insurance Company v. FDH Infrastructure Services, LLC, Case No. 3D22-1143 (Fla. 3d DCA 2023).
Florida Statutes limitations section 95.11(3) (four year statute of limitations) applies narrowly to only construction-based claims while section 95.11(4) (two year statute of limitation) is broader and encompasses any “professional malpractice” action, and accordingly section 95.11(3) encompasses claims arising out the planning for the improvement of real property by installation of a television antenna.